HomeMy WebLinkAbout2008-08
ORDINANCE NO. 2008-08
REPEALING SECTION 32-45, DIVISIONS 1, 2 AND 3 OF THE DANVILLE
MUNICIPAL CODE AND ADDING A NEW SECTION 32-45, DIVISIONS 1,2
AND 3 FOR THE DOWNTOWN BUSINESS DISTRICT ORDINANCE
SECTION 1.
REPEALING EXISTING SECTION 32-45, DIVISIONS 1, 2,
AND 3 OF THE DANVILLE MUNICIPAL CODE.
The existing Section 32-45, Divisions I, 2, and 3 of the
Danville Municipal Code is hereby repealed in its entirety.
SECTION 2.
ADDING A NEW SECTION 32-45, DIVISIONS 1, 2 AND
3 OF THE DANVILLE MUNICIPAL CODE.
A new Section 32-45, Divisions I, 2 and 3 is hereby added to
the Danville Municipal Code to read as follows:
Chapter 32-45 DOWNTOWN BUSINESS DISTRICT*
*Editor's Note: Prior ordinances codified herein include portions of Ordinance
Nos. 135, 90-18 and 2005-07.
Division 1. INTRODUCTION
32-45.1 Purpose and Intent. It is the purpose and intent of this chapter to
provide the Town of Danville with a set of land use and development standards
for the continued physical and economic growth of the designated downtown
area.
The architecture and the overall development pattern of the Downtown Business
District originated in the mid-19th century, and continues to develop up through
the present. Preservation of the district's unique history and character along
with other essential qualities is a high priority. Future growth and change must
maintain the existing character through use of compatible materials, scale and
massIng.
The Downtown Business District includes twelve (12) individual areas which
detail specific land uses that may occur. These twelve (12) land use areas are
shown on the zoning map attached as Exhibit "A."
32-45.2 Definitions and Measurement Standards. In this chapter unless
the context otherwise requires:
Arbors shall mean open trellis-like elements that can be used to emphasize
building entries or outdoor activity spaces.
Area of elevation shall mean the total height and length of a building as viewed
from off-site.
Awnings shall mean opaque canvas or synthetic fiber coverings that provide
shade from sun and protection from the elements.
Building overhang shall mean any portion of a structure (including appurtenant
structures) that abuts and extends over the foundation line of the building.
Building site area shall mean the total land area of the property available for
development of buildings, parking and landscape.
Business shall mean the specific enterprise, occupant or tenant utilizing space
within a structure.
Business offices shall mean businesses such as, but not limited to the following:
a. Advertising agencies;
b. Answering services;
c. Corporate headquarters;
d. Employment agencies;
e. Insurance;
f. Investment brokers or representatives;
g. Laboratories;
h. Newspapers;
1. Photographers, artists, etc.;
J. Public relations; and
k. Secretarial services.
Development shall mean any new construction or exterior change, modification or
exterior expansion of an existing building.
Fascia shall mean that portion of a structure that presents a flat, horizontal band
across the eave line of a building elevation.
Front and side of corner lots shall mean the narrowest frontage of a lot facing the
street is the front and the longest frontage facing the intersecting street is the
side, regardless of which direction the structure faces.
Heritage Resource shall mean a structure so designated by the Town Council.
PAGE NO.2 OF ORDINANCE NO. 2008-08
Legal nonconforming business shall mean a business that does not conform to these
regulations that were in existence prior to adoption of this chapter.
Legal nonconforming use shall mean a use that does not conform to these
regulations and which was in existence prior to adoption of this chapter.
Outdoor sales shall mean any sale of merchandise on a regular or continuing basis
located beyond the enclosed tenant space.
Personal service uses shall mean businesses providing services such as, but not
limited to beauty shops, barbers, and nail salons. Personal service uses are those
which provide on-site service to customers as their primary activity and which
are compatible with the immediate area.
Professional offices shall be such as those pertaining to, but not limited to, the
practice of law, architecture, dentistry, medicine, engineering, accounting,
administrative, executive, editorial, and consulting.
Public uses shall mean uses such as, but not limited to, meeting rooms, theaters,
auditoriums, libraries, etc.
Retail uses shall mean businesses selling items, or providing services such as, but
not limited to the following:
a. Accessories;
b. Antiques/ clocks;
c. Appliances;
d. Arts/ crafts;
e. Bakery/candy / creamery;
f. Books;
g. Clothing/ shoes;
h. Copying/ duplicating/ printing;
1. Drug stores;
J. Dry goods;
k. Florist;
1. Food market/ delicatessens;
m. Furniture/ floor coverings;
n. Gifts;
o. Hardware;
p. Hobby items/toys;
q. Interior decorator with goods;
r. Jewelry;
s. Linens;
PAGE NO.3 OF ORDINANCE NO. 2008-08
t. Liquor/tobacco;
u. Luggage;
v. Music;
w. Newsstand/ office supply and machines, stationary/cards;
x. Optical goods and service;
y. Paint/wallpaper;
z. Pets;
aa. Photo supply/photo processing;
ab. Picture framing/ art gallery/artist supply;
ac. Portrait studios;
ad. Post office/ parcel service;
ae. Saddlery;.
af. Shoe/ garment repair with goods;
ago Sporting goods/bicycles;
ah. Stamps/ coins;
al. TV / radio; and
aJ. Travel agencies.
Service commercial shall mean uses that provide on-site service to customers as
their primary activity and which are compatible with the immediate area.
Business activities included in this category shall mean, but are not limited to,
the following:
a. Business or professional, schools;
b. Cultural improvement schools such as, but not limited to, music, dance
and martial arts;
c. Health/ fitness club; and
d. Places of cultural entertainment including museums, libraries and
theaters.
Service office uses shall mean businesses such as, but not limited to, the following:
a. Escrow / title/ notary public;
b. Financial institutions/banks/ savings and loan;
c. Investment brokers/mortgage brokers;
d. Public utilities; and
e. Real estate.
Setbacks from street corner shall mean that point of intersection of the required
setback lines from access streets, prolonged to the point of intersection.
Soffit shall mean the horizontal underside of a building projection, also referred
to as an eave.
PAGE NO.4 OF ORDINANCE NO. 2008-08
Temporary sales event shall mean an administrative Land Use Permit issued by the
Planning Division for an outdoor sales event where merchandise is displayed
entirely on site and lasts no longer than six (6) days every six (6) months.
Use shall mean the type of business, (e.g., retail, restaurant, service commercial,
service office, office, etc.).
Zoning Compliance Certificate shall mean that form which details the nature of a
business and certifies that it meets the requirements of this chapter.
32-45.3
Applicability.
This section applies to all development within the Downtown Business District
(designated DBD on the Town zoning map) and regulates all existing uses,
remodels and new construction.
The owner of any new business shall obtain a certificate of zoning compliance
from the Town prior to occupancy. A certificate shall be issued if the proposed
business/use complies with the land use regulations and the development
standards, including parking, set forth in this chapter.
Land uses will be regulated through the Development Plan review procedure as
follows:
a. Existing Uses and Structures. A lawful use of land or buildings existing on
November 1, 2005, but which does not conform to this chapter, is a legal
nonconforming use/business. No review is required for such a structure,
use or business until there is a change of use and/ or business. Expansion
or intensification of a legal nonconforIning use/business is discouraged.
Minor intensification or expansions may be considered under a Land Use
Permit under special circumstances if the application meets the character
and intent of the DBD in which it is located and there is finding of
substantial conformance with this chapter.
All exterior alterations of the use/ structure require Development Plan
review as outlined in Division 5 of this chapter. A legal nonconforming
use may be sold as a legal nonconforming use providing the character and
type of business remains the same and all impacts relating to traffic,
parking and other environmental impacts are not increased. A legal
nonconforming use shall be deemed illegal after the use ceases for ninety
consecutive days.
b. New Uses Within an Existing Structure. When a new use/business is
proposed for an existing structure necessitating exterior alterations to the
PAGE NO.5 OF ORDINANCE NO. 2008-08
structure the owner is required to obtain Development Plan approval
pursuant to Division 5 of this chapter.
c. New Structures. Development Plan approval pursuant to Division 5 of this
chapter is required for a new project. A "new project" is one that involves
a complete redevelopment of the site, all new construction of a building,
changes to the fa<;ade of existing buildings, or remodeling which results in
an increase of the floor area ratio of an existing development.
Maintenance, such as like replacement or repair of dilapidated features, is
not considered a new project and is not subject to a development plan.
d. Pre-application Conceptual Review. Prior to any Development Plan
application for properties located within Areas 1, 2, 2A, 3, 4, and 11 as set
forth in Division 2, a Pre-application Conceptual Review is required. The
project applicant shall present concept plans at a joint Design Review
Board and Planning Commission study session, prior to submittal of a
formal Development Plan application. The joint study session shall
include the Heritage Resource CQmmission if there is a potential impact to
a historic property. The purpose of the Pre-application Conceptual Review
is to identify site specific design parameters that must be met in order to
ensure that the project will be consistent with the intent and requirements
of these guidelines, and work in context with its surroundings and the
established development pattern. Concept plans must address building
height and mass, roof treatment, setbacks, and relationships to adjacent
buildings. The Pre-application Conceptual Review is not a permit or
entitlement, and shall not be binding on the Town.
e. Joint Study Session Review. Development plan applications for properties
located within Area 11 are subject to joint study session review by the
Design Review Board, Planning Commission and Town Council, prior to
final action by the Planning Commission.
f. Designated Heritage Resources. Any additions to a Designated Heritage
Resource will require Development Plan approval pursuant to Division 5.
However, special considerations will be developed for these structures by
the Heritage Resource Commission.
32-45.4 - 32-45.9
Reserved.
PAGE NO.6 OF ORDINANCE NO. 2008-08
Division 2. SPECIFIC USES AND DEFINITIONS
32-45.10
Exhibit "A"; Land Use Areas.
There are twelve (12) land use areas within the Downtown Business District as
delineated on Exhibit "A."
These twelve (12) areas are intended to accommodate a mix of uses and to guide
development to appropriate locations within the downtown area, consistent with
the Downtown Master Plan and the General Plan. The areas and their permitted
uses are as set forth in subsections 32-45.11 through 32-45.21. Upon the
determination of the Chief of Planning, the list of permitted and conditional uses
in the twelve (12) identified areas .may be expanded to include similar uses,
providing that the purpose and intent of each area is preserved and there is a
finding of substantial conformance with this chapter.
Building Height.
All buildings and structures are limited to the height shown below for the area in
which the structure is located. The height limitation applies to roofs, roof
projections, mechanical equipment, microwave sending and receiving devices
and all other projections. Building height shall mean the vertical distance
measured from the average level of the highest and lowest point of finished
grade or natural grade, whichever is lower, of the lot covered by the building to
the highest point of the structure.
32-45.11 Area 1 and Area 2A: Old Town Retail.
a. Purpose. To provide for an intensely developed central core area of ground
floor retail, and second floor service/commercial or service office businesses
where merchandise is stored on-site and all transactions and/ or services occur
entirely within an enclosed building. Retail is defined as any business activity
that devotes the major portion of the interior space to exhibit products which are
for sale to the general public and which provides pedestrian interest and
amenities. Uses in this area encourage shoppers to visit a variety of stores after
parking or arriving by public transit.
b. Permitted Uses. The following uses are permitted in Area 1 subject to the
development requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Accessory uses where related and incidental to permitted uses; and
4. Outdoor display of merchandise as defined in subsection 32-45.27.
PAGE NO.7 OF ORDINANCE NO. 2008-08
c. Conditional Uses. The following activities are permitted upon issuance of a
Land Use Permit:
1. Personal service;
2. Service commercial;
3. Service office;
4. Government facilities;
5. Political, civic and charitable organizations;
6. Outdoor restaurant seating;
7. Outdoor storage of merchandise;
8. Outdoor sales; and
9. Newspaper offices.
Other uses not specifically permitted or conditionally permitted in Area 1 or
Area 2A or allowed via subsection 32-45.10, may be authorized by the Planning
Commission on a case-by-case basis if a finding is made that the proposed use is
consistent with the intent and purpose of this chapter. Such case-by-case review
shall take into consideration the location, size and design of the building and the
ability to effectively market a retail business.
d. Development Requirements.
1. The maximum allowable floor area ratio is eighty percent (80%) of
the gross site area, inclusive of all conditioned space.
2. A minimum of seventy-five percent (75%) of the total ground floor
space shall be devoted to retail or restaurant uses. Personal service,
service office and service/ commercial uses may be considered for
location in a maximum of twenty-five percent (25%) of the ground
floor space :where such use is located in a courtyard area or another
area off the main pedestrian access and upon issuance of a Land
Use Permit where a finding is made that such uses will result in the
creation of substantial pedestrian traffic. The permitted personal
service, service office, or service commercial uses are those which
provide on-site service to customers as their primary activity and
which are compatible with the immediate area.
3. Personal service, service office, service commercial, business office,
and professional office uses are permitted on the second floor.
4. The height limit is two stories or 35 feet, whichever is less.
5. Setback requirements are as follows:
PAGE NO.8 OF ORDINANCE NO. 2008-08
Front yard: Average of la' minimum from a public right-of-way.
Side and rear yards: no minimum, except on corner lots where
there shall be a minimum la' street side, side yard setback.
32-45.12
Area 2: Old Town Retail Transition.
a. Purpose. To provide a transition and buffer between the more intensely
developed central business district (Old Town Retail; Area 1 and Area 2A) and
areas designated for mixed use and commercial development. Permitted uses are
intended to draw patrons on a limited basis from the pedestrian-oriented uses in
Area 1 and Area 2A. This area incorporates retail uses that require larger
amounts of storage and staging areas as well as service commercial uses that
provide access to both the pedestrian and automobile user.
b. Permitted Uses. The following uses are permitted in Area 2, subject to the
development requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Amusement places/ arcades;
4. Auditorium;
5. Catering;
6. Clothes/ carpet/ drapery cleaners without plant;
7. Emergency medical care;
8. Hotels/motels/bed and breakfast;
9. Government facilities;
10. Political, civic and charitable organizations;
11. Personal service;
12. Service commercial;
13. Service office;
14. Incidental accessory uses; and
15. Outdoor display of merchandise as defined in subsection 32-45.25.
c. Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Child care;
2. Outdoor restaurant seating;
3. Outdoor storage of merchandise;
4. Outdoor sales; and
5. Drive-thru facilities.
PAGE NO.9 OF ORDINANCE NO. 2008-08
Other uses not specifically permitted or conditionally permitted in Area 2, or
allowed via subsection 32-45.10, may be authorized by the Planning Commission
on a case-by-case basis if a finding is made that the proposed use is consistent
with the intent and purpose of this chapter. Such case-by-case review shall take
into consideration the location, size and design of the building.
d. Development Requirements.
4.
5.
32-45.13
1.
The maximum allowable floor area ratio is eighty percent (80%) of
the gross site area, inclusive of all conditioned space.
2.
A minimum of twenty-five percent (25%) of the total ground floor
space shall be devoted to retail or restaurant! uses. Personal service,
service commercial, and service office uses are permitted to locate
in up to seventy-five percent (75%) of the remaining portion of the
ground floor space.
3.
Personal service, service office, service commercial, business office,
and professional office uses are permitted on the second floor.
The height limit is two stories or 35 feet, whichever is less.
Setback requirements are as follows:
Front yard: Average of 10' minimum from a public right-of-way.
Side and rear yards: no minimum, except on corner lots where
there shall be a minimum 101 street side, side yard setback
Area 3: Old Town Mixed Use.
a. Purpose. To introduce uses that are consistent and compatible with the
pedestrian orientation of Area 1 and Area 2A-Old Town Retail (subsection
32-45.11).
b. Permitted Uses. The following uses are permitted in Area 3, subject to the
development requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Amusement places/ arcades;
4. Auditorium;
5. Catering;
6. Clothes/ carpet! drapery cleaners without plant;
7. Emergency medical care;
PAGE NO. 10 OF ORDINANCE NO. 2008-08
8. Hotels/motels/bed and breakfast;
9. Government facilities;
10. Political, civic and charitable organizations;
11. Service office;
12. Business office;
13. Professional offices;
14. Incidental accessory uses; and
15. Outdoor display of merchandise as defined in subsection 32-45.25.
c. Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Child care;
2. Outdoor restaurant seating;
3. Outdoor storage of merchandise; and
4. Outdoor sales.
Other uses not specifically permitted or conditionally permitted in Area 3, or
allowed via subsection 32-45.10, may be authorized by the Planning Commission
on a case-by-case basis if a finding is made that the proposed use is consistent
with the intent and purpose of this chapter. Such case-by-case review shall take
into consideration the location, size and design of the building.
d. Development Requirements.
1.
The maximum allowable floor area is sixty-five percent (65%) of the
gross site area, inclusive of all conditioned space.
2.
The height limit is two stories or 35 feet, whichever is less.
3.
Setback requirements are as follows:
Front yard: 10' minimum from a public right-of-way.
Side yard: 10' total, minimum of 5'.
Rear yard: 20' minimum.
32-45.14
Area 4: Resident Serving Commercial.
a. Purpose. To provide services for the convenience of residents and the
general community. Uses for this area include those uses which are not
compatible with uses in a traditional central business district (Areas 1, 2
and 2A).
PAGE NO. 11 OF ORDINANCE NO. 2008-08
b. Permitted Uses. The following uses are permitted in Area 4, subject to the
development requirements in paragraph d:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Amusement places/ arcades;
4. Auditorium;
5. Catering;
6. Clothes/ carpetj drapery cleaners without plant;
7. Emergency medical care;
8. Hotels/motels/bed and breakfast;
9. Government facilities;
10. Political, civic and charitable organizations;
11. Cabinet shop;
12. Glass shops and repair facilities;
13. Gunsmith;
14. Home improvement services;
15. Janitorial supply and service;
16. Locksmith;
17. Miscellaneous repair of household goods/ business equipment;
18. Mortuary;
19. Nursery and gardening sales and supplies;
20. Pool supply;
21. Service station;
22. Trade schools;
23. Upholstery supply/repair;
24. Automotive oriented services (e.g., auto upholstery);
25. Service office;
26. Personal service;
27. Incidental accessory uses; and
28. Outdoor display of merchandise as defined in subsection 32-45.25.
c. Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Child care facility;
2. Drive-thru facilities;
3. Outdoor restaurant seating;
4. Outdoor storage of merchandise;
5. Outdoor sales;
6. Equipmenfsales and rental;
7. Heating, air conditioning/plumbing supply and repair;
8. Laundromat;
PAGE NO. 12 OF ORDINANCE NO. 2008-08
9. Sign painting;
10. Storage building;
11. Veterinarian hospital/boarding/pet grooming;
12. Auto/boat/motorcycle/trailer/recreational vehicle sales or rentals;
13. Auto wash;
14. Auto repair (body, paint and tire) excluding wrecking and salvage;
15. Wholesale/ assembly/minor manufacturing plants with storage
and processing incidental to retail operation where not offensive or
objectionable because of odor, dust, smoke, noise or vibration; and
16. Nursing/ convalescent home.
Other uses not specifically permitted or conditionally permitted in Area 4, or
allowed via subsection 32-45.10, may be authorized by the Planning Commission
on a case-by-case basis if a finding is made that the proposed use is consistent
with the intent and purpose of this chapter. Such case-by-case review shall take
into consideration the location, size and design of the building.
d. Development Requirements.
1.
The maximum allowable floor area ratio is fifty percent (50%) of the
gross site area, inclusive of all conditioned" space.
2.
Profes.sional office and business office uses are permitted on the
second floor.
3.
The height limit is two stories or 35 feet, whichever is less.
4.
Setback requirements are as follows:
Front yard: 10' minimum from a public right-of-way.
Side yard: 10' total, minimum of 5'.
Rear yard: 20' minimum.
32-45.15
Area 5: CommerciaJ/Residential Mixed Use.
a. Purpose. Area 5 is also referred to as the Charlotte Wood School Site. This
area shall include a mix of uses serving to complement and support the retail and
restaurant uses of Areas I, 2, 2A, and 3. A minimum of two (2) acres shall be
devoted to public uses.
b. Permitted Uses. The following uses are permitted in Area 5:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
PAGE NO. 13 OF ORDINANCE NO. 2008-08
3. Service office;
4. Professional office;
5. Business office;
6. Residential uses as permitted in subsection 32-45.19;
7. Public uses;
8. Hotel; and
9. Accessory uses related and incidental to permitted uses.
c. Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Drive-thru facilities;
2. Outdoor restaurant seating;
3. Outdoor storage or display of merchandise;
4. Outdoor sales; and
5. Child care facilities when integrated into a coordinated project
consisting of the entirety of Area 5.
Other uses not specifically permitted or conditionally permitted in Area 5, or
allowed via subsection 32-45.10, may be authorized by the Planning Commission
ona case-by-case basis if a finding is made that the proposed use is consistent
with the intent and purpose of this chapter. Such case-by-case review shall take
into consideration the location, size and design of the building.
d. Development Requirements.
1.
The maximum allowable floor area ratio is fifty percent (50%) of the
gross site area, inclusive of all conditioned space over the portion
of the site to be developed with private uses.
2.
The height limit is three stories or fifty (50) feet, whichever is less.
3.
Setback requirements are as follows:
Front yard: 20' minimum from a public right-of-way.
Side yard: 15' total, minimum of 5' .
Rear yard: 20' feet minimum.
32-45.16
Area 6: Business and Professional Offices.
a. Purpose. To allow a combination of commercial activity and business and
professional offices except for retail commercial sales which are not
ancillary to the specifically permitted uses.
PAGE NO. 14 OF ORDINANCE NO. 2008-08
b. Pennitted Uses. The following uses are permitted in Area 6, subject to the
development requirements in paragraph d.:
1. Development north and south of Town and Country Drive, east of
Sheri Lane shall be limited office use as approved through previous
general plan amendment and development plan entitlements;
2. Service offices;
3. Professional offices;
4. Business offices;
5. Government facilities;
6. Political, civic, and charitable organizations; and
7. Accessory uses where related and incidental to permitted uses.
c. Conditional Uses. Except for the area involving subsection b.1. above, the
following uses are permitted with a Land Use Permit:
1. Restaurants, night clubs and cocktail lounges;
2. Health clubs;
3. Veterinarians; and
4. Child care facilities.
Other uses not specifically permitted or conditionally permitted in Area 6, or
allowed via subsection 32-45.10, may be authorized by the Planning Commission
on a case-by-case basis if a finding is made that the proposed use is consistent
with the intent and purpose of this chapter. Such case-by-case review shall take
into consideration the location, size and design of the building.
d. Development Requirements.
1. The maximum allowable floor area ratio is sixty-five percent (65%)
of the gross site area, inclusive of all conditioned space.
2. The height limit is two stories or 35 feet, whichever is less; for
Town and Country Drive, the height limit is as previously
established through General Plan amendment and Development
Plan entitlement.
3. Setback requirements are as follows:
Front yard: 20' minimum from a public right-of-way.
Side yard: 151 total, minimum of 5'.
Rear yard: 20' feet minimum.
PAGE NO. 15 OF ORDINANCE NO. 2008-08
32-45.17
Area 7: Retail.
a. Purpose. To allow the continued use of retail business which sells goods,
wares and merchandise directly to the ultimate consumer.
b. Permitted Uses. The following uses are permitted in Area 7, subject to the
development requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Personal service;
4. Service/ Commercial;
5. Service Office;
6. Amusement places/ arcades;
7. Auditorium;
8. Catering;
9. Clothes/ carpetj drapery cleaners without plant;
10. Emergency medical care;
11. Hotels/motels/bed and breakfast;
12. Government facilities;
13. Political, civic and charitable organizations;
14. Incidental accessory uses; and
15. Outdoor display of merchandise as defined in subsection 32-45.25.
c. Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Child care;
2. Drive-thru facility;
3. Outdoor restaurant seating;
4. Outdoor storage or display of merchandise; and
5. Outdoor sales.
Other uses not specifically permitted or conditionally permitted in Area 7, or
allowed via subsection 32-45.10, may be authorized by the Planning Commission
on a case-by-case basis if a finding is made that the proposed use is consistent
with the intent and purpose of this chapter. Such case-by-case review shall take
into consideration the location, size and design of the building.
d. Development Requirements.
1. The maximum allowable floor area ratio is thirty-five percent (35%)
of the gross area, inclusive of all conditioned space.
PAGE NO. 16 OF ORDINANCE NO. 2008-08
32-45.18
2.
The height limit is two stories or 35 feet, whichever is less.
3.
Setback requirements are as follows:
Front yard: 20' minimum from a public right-of-way.
Side yard: 15' total, minimum of 5'.
Rear yard: 20' feet minimum.
Area 8: RetaiVOffice.
a. Purpose. This area is referred to as the Livery Shopping Center. This site
was developed under an existing P-l Planned Unit District and maintains
its own land uses and controls.
b. Permitted Uses. As previously approved under DP 83-3 and DP 84-9.
c. Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Outdoor restaurant seating;
2. Outdoor storage or display of merchandise; and
3. Outdoor sales.
d. Development Requirements.
32-45.19
1.
The maximum allowable floor area ratio is thirty-five percent (35%)
of the gross site area, inclusive of all conditioned space.
2.
The height limit is as established in the P-l standards for the Livery
and Mercantile (Development Plan No. 84-9).
3.
The setback requirements are as previously approved under
Development Plan DP 84-9.
Area 9: Multi-Family Residential.
a. Purpose. To permit the continued use of properties for multi-family
residential uses consistent with the adopted land use designations in the
General Plan.
b. Permitted Uses. The following uses are permitted in Area 9:
1. All multi-family residential uses permitted under Section 32-24 of
the Danville Municipal Code; and
PAGE NO. 17 OF ORDINANCE NO. 2008-08
2. Senior citizen residential facilities may be considered pursuant to
California Government Code Section 65915.
c. Conditional Uses. Conditional uses as contained in subsection 32-24.2 of
the Danville Municipal Code may be permitted, with a Land Use Permit.
d. The height limit is two stories or 35 feet, whichever is less.
e. Setbacks requirements are as follows:
Front yard: 25' minimum from a public right-of-way.
Side yard: 40' total, minimum of 20'.
Rear yard: 20' minimum.
32-45.20
Area 10: Mixed Use.
a. Purpose. This area is referred to as the Prudential Building, located at 630
San Ramon Valley Boulevard. This site was developed under an existing
P-1 Planned Unit District and maintains its own land uses and controls.
b. Permitted Uses. As previously approved under Development Plan DP
2000-27.
c. Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Outdoor storage or display of merchandise; and
2. Outdoor sales.
d. Development Requirements. All development standards shall be as
approved under Development Plan DP 2000-27. The height limit is 35 feet.
32-45.21
Area 11: Special Opportunity District.
a. Purpose. To permit flexible development standards tailored to best meet
the needs of large downtown sites while maintaining the desired mix of
land uses which are compatible with the downtown area.
b. Permitted Uses. The following uses are permitted in Area 11, subject to the
development requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Accessory uses where related and incidental to permitted uses;
4. Outdoor display of merchandise as defined in subsection 32-45.25;
PAGE NO. 18 OF ORDINANCE NO. 2008-08
5. Residential (above ground-floor only); and
6. Hotels/ motels/bed and breakfast.
7. Personal service, service office, service commercial, business office,
and professional office uses (above ground-floor only).
c. Conditional Uses. The following uses are permitted upon issuance of a
Land Use Permit:
1. Residential (where developed as a ground-floor use);
2. Personal service (where consistent with 32-45.21.d.2);
3. Service commercial;
4. Service office;
5. Government facilities;
6. Political, civic and charitable organizations;
7. Outdoor restaurant seating;
8. Outdoor storage of merchandise; and
9. Outdoor sales and newspaper offices.
Other uses not specifically permitted or conditionally permitted in Area 1 and
Area 2A or allowed via subsection 32-45.10, may be authorized by the Planning
Commission on a case-by-case basis if a finding is made that the proposed use is
consistent with the intent and purpose of this chapter. Such case-by-case review
shall take into consideration the location, size and design of the building and the
ability to effectively market a retail business.
d. Development Requirements.
1. The maximum allowable floor area ratio is eighty percent (80%) of
the gross site area, inclusive of all conditioned space. Development
of the site may be eligible for aFAR which is higher than eighty
percent (80%), as determined on a case-by-case basis through the
review of an individual Development Plan application, in exchange
for the provision of up to one hundred percent (100%) on-site
parking through the construction of underground or structured
parking.
2. A minimum of seventy-five percent (75%) of the total ground floor
space shall be devoted to retail or restaurant uses. Personal service,
service office and service/commercial uses may be considered for
location in a maximum of twenty-five percent (25%) of the ground
floor space where such use is located in a courtyard area or another
area off the main pedestrian access and upon issuance of a Land
PAGE NO. 19 OF ORDINANCE NO. 2008-08
Use Permit where a finding is made that such uses will result in the
creation of substantial pedestrian traffic. The permitted personal
service, service office, or service commercial uses are those which
provide on-site service to customers as their primary activity and
which are compatible with the immediate area.
3. New development shall be designed to maximize the provision of
on street parking adjacent to the site. This may include the
provision of angled parking, consolidation of driveways, and/ or
other design solutions as appropriate.
4. The height limit is 37 feet.
5. The setback requirements are as established through a site specific
Development Plan approval.
Division 3. DEVELOPMENT STANDARDS
32-45.22 Architectural Development Standards. This section sets forth
architectural design guidelines for the development of new structures and the
remodel of existing structures which changes the exterior appearance in the
designated Downtown Business District.
Danville's Downtown Business District contains a mixture of historic buildings
and architectural styles in a pedestrian friendly setting. Though considerable
variation exists in the downtown with respect to architectural styles, the overall
scale and character of the downtown respects the areas' 19th century origins. The
different architectural styles that form a historical context for the downtown
include:
. Gothic Revival (169 Front Street)
. Victorian (100 School Street)
. Vernacular (411 Hartz Avenue)
. Victorian Stick (205 Railroad Avenue)
. Neoclassic Rowhouse (146 Diablo Road)
. Queen Anne Cottage (500 Hartz Avenue)
. Traditional Commercial Storefronts (360,370 & 376 Hartz Avenue)
. Craftsman/California Bungalow (402 & 404 Hartz Avenue)
. Spanish Eclectic/Spanish Revival (345-349 Hartz Avenue, 201 Front
Street)
Chapter 3 - "Architectural Styles" of the Town's Design Guidelines for Heritage
Resources includes a comprehensive description of these architectural styles. The
PAGE NO. 20 OF ORDINANCE NO. 2008-08
Town's Survey of Historically Significant Resources identifies additional styles that
transition from one era to an9ther, including types or subsets of the Victorian era
such as Italianate, StickjEastlake, and Colonial Revival.
For the twelve land use areas identified downtown, all development standards
contained in Section 32-45 must be applied in a manner which ensures that the
design of new buildings is successful on a stand alone basis, while working in
context with the buildings' surroundings, allowing for effective integration of the
new building into the existing downtown fabric.
Ground floor retail uses are required in Areas 1, 2, 2A, 3 and 11, in order to
promote a pedestrian friendly environment and retail continuity. Storefront
design standards included in this section are intended to facilitate this objective.
The following construction materials and detailing apply to all twelve land use
areas set forth in Division 2.
a. Project design.
1. Design of all buildings must be consistent with these guidelines;
corporate, chain or franchise designs are not permitted.
2. A variety of traditional architectural styles and shapes is permitted.
Designs may relate to historic elements seen within the area, but
must be also distinguishable as being newer than the Heritage
Resources. Imitation, period pieces, or reproduction of historic
styles, such as those seen in theme amusement parks, are not
allowed.
3. Building detailing must be incorporated into each of the four sides
of the building and consistent with the building's dominant
architectural style. Visible blank walls are not allowed. Walls must
be articulated through windows, signs, lighting, vertical
landscaping, or other architectural detailing. Detailing shall be an
integral part of the building design and used appropriately
throughout.
4. Outdoor spaces defined or partially enclosed by buildings shall be
designed to function as focal points, merchandise display area,
andj or gathering spaces for sitting and walking as appropriate to
the site.
5. Exterior lighting shall be addressed as an integral part of building
landscaping and design.
PAGE NO. 21 OF ORDINANCE NO. 2008-08
b. Building mass and scale.
1. Larger building facades must be broken into smaller units to
convey a sense of human scale along street frontages.
2. New buildings. must step down in height as it approaches a
Heritage Resource building, Hartz Avenue and street corners.
3. New buildings shall observe the height limits as specified within
the development requirements of each of the applicable land use
areas.
c. Building materials and colors.
1. Use the highest quality materials for building facades consistent
with the architectural style of the building.
2. Materials considered appropriate when used consistent with the
architectural style of the building include:
. Full and half brick
. Wood Siding
. Naturalj Authentic masonry
. Stucco
. Slate
. Shingles/ shakes
. Wood windows and storefront doors
. Metal and wood trellis
. Tile accents
. Metal accents
. Glass block accents
3. Use of materials designed to conserve natural resources and reduce
negative impacts on the environment is encouraged.
4. Materials not allowed include:
· Windows with internal muntins or simulated divided light
· Lava rock
· Synthetic/Cultured stone
· Metal siding
· Corrugated metal
· Plastic
PAGE NO. 22 OF ORDINANCE NO. 2008-08
· Concrete block units
· Fiberglass panels
5. Building colors shall be appropriate to the architectural style of the
building and work in context with surrounding buildings.
6. Paint colors shall complement the colors of fa<;ade materials such as
brick, masonry, etc.
d. Retail frontages.
1. Space storefronts in a repeated rhythm along the sidewalk to
maintain pedestrian continuity and interest. Minimize wall space
between storefront windows.
2. Storefront bases must be no more than 24 inches high from the
sidewalk.
3. Storefront base material must complement the upper fa<;ade
material.
4. Use of accent lighting to highlight merchandise displays In
storefront windows is encouraged.
5. Facades with multiple storefronts may vary base material, entry
location or awning design.
e. Entries.
1. Building and storefront entries shall be at sidewalk level.
2. In corner locations, the primary entrance shall be on the major
street, or diagonally at the corner.
3. Entry doors to the street level shall be a minimum of 50% glass.
4. Where appropriate in design, storefront entries may project or be
recessed for added relief on building facades.
5. Rear and side entries shall be compatible with front entries unless
such entries are visually inaccessible or an alternate design is
required for building code purposes.
PAGE NO. 23 OF ORDINANCE NO. 2008-08
f. Windows.
1. Articulate windows from the building wall through bay windows,
recessed windows, trim, or other design element.
2. Windows shall use clear or lightly tinted glass. Use of dark or
reflective glass is prohibited.
3. Windows above the first floor shall be placed in a regular pattern or
patterns, and shall be smaller than ground floor windows.
4. Use projecting window sills.
5. Transom windows are encouraged in new construction if
appropriate to the architectural style of the building.
6. Storefront display windows shall have a vertical, rectangular
orientation in a manner that is compatible with the character of
downtown. Vast plate glass panels shall be avoided. True divided
light windows are encouraged. Allocate a minimum of 60% of the
storefront to display windows.
7. Storefront windows are to be uncovered and visible. Interior
window coverings shall not be used in street level windows for
retail spaces. Display lighting is encouraged.
8. Fully openable display windows are encouraged where
appropriate.
g. Roofs.
1. Roofs shall be an integral part of the building design that
complements the structure In scale, height and mass. Roof elements
shall be similarly treated and architecturally integrated on all
building elevations. The combination of incompatible roof elements
is not permitted.
2. All roof-mounted mechanical and electrical equipment shall be
fully integrated into the overall roof design so as to be totally
screened from off-site view.
3. Decorative features such as accent materials, patterns, corruces,
brackets, finials and roofline shapes are encouraged.
PAGE NO. 24 OF ORDINANCE NO. 2008-08
4. Materials. The following roof materials are. appropriate when
installed per Chapter 15 of the California Building Code:
a. Wood shingles or shakes
b. Concrete tile
c. Clay tile
d. Slate
e. Composition roof materials compatible with the character of
downtown
f. Metal roof as an accent only
5. The following roof designs are considered appropriate.
a. Hip and/ or gable roofs
b. Flat/ minimum pitch roofs are permitted provided that no
portion of the roof is visible from off-site and with sufficient
detailing such as use of cornices or parapets. Further, all
ducts, meters, air conditioning and/ or any other mechanical
equipment shall be effectively screened from view.
6. The following roof styles and designs are not permitted:
a. Mansard
b. Shed
c. Built up or flat/minimum pitch roofs such that they may be
viewed from off-site
d. Metal roofs, unless used as an accent and not the entire roof.
h. Building Projections and Sidewalk Coverings.
1. Encroachment into the public right-of-way must be approved as a
part of a development plan permit and requires an encroachment
permit and building permit.
2. Building projections shall be designed to relate to or complement
the architectural style of the building and not block visibility of
either the storefront or the architectural features of the fa<;ade.
3. Projections shall be designed so that upon removal, the
architectural character and integrity of the fa<;ade shall remain
intact.
PAGE NO. 25 OF ORDINANCE NO. 2008-08
4. All projections shall maintain a minimum vertical clearance of 8'.
5. Where posts or columns are proposed to support building
projections, posts or columns shall be spaced to reinforce, rather
than interfere with, fa<;ade or storefront elements. Climbing
flowering vines or other landscape elements are encouraged for use
with such posts or columns.
I Site design.
1.
All outdoor storage and refuse collection areas shall be enclosed
with self-closing and self-latching gates and screened so that they
are not visible from access streets and adjacent properties.
2.
Outdoor storage of all company owned and operated motor
vehicles, except for passenger vehicles, shall be reasonably
screened from view from access streets, freeways and adjacent
properties.
3.
Storage or refuse collection IS not permitted within front yard
setback areas.
32-45.23
Landscaping Development Standards.
The following landscaping development standards apply In the Downtown
Business District:
a. General. Each site must have landscape elements, such as planting areas,
window boxes, containers, trellis, and/ or vertical landscaping. All
landscaping shall be provided with an automatic irrigation system. All
trees shall be minimum fifteen (15) gallon size. Shrubs shall be minimum
five (5) gallon size. Shrubs used as ground cover shall be minimum one (1)
gallon size. All landscaped areas not covered by shrubs and trees shall be
planted with live ground cover or covered with mulch. All unpaved, non-
work areas (excluding vacant lots) shall be landscaped.
b. Hardscape. All sidewalks, decks and patios shall be constructed using
concrete, exposed aggregate, stamped concrete, bricks, brick pavers, wood
decking, tile or terrazzo. The use of asphalt pavement is only permitted in
driveway and parking areas.
c. Perimeter Areas. Perimeter landscaping is required along all property lines
where buildings are set back from the lot line. One (1) tree per thirty (30)
lineal feet of property line shall be planted in the perimeter area in
PAGE NO. 26 OF ORDINANCE NO. 2008-08
addition to required ground cover and shrubs. Trees may be clustered or
uniformly spaced.
d. Frontage Landscaping. Frontage landscaping shall conform to the adopted
Streetscape Beautification Guidelines.
e. Landscaping should be used in a complementary fashion, and should not
to obscure architectural elements on a building.
f. Drought tolerant plants are encouraged.
e. Parking Areas.
1. A planter or landscaped strip at least five (5) feet in width shall be
provided adjacent to street rights-of-way. Automobiles should be
screened from off-site views with a combination of planting,
berming and walls. .
2. Driveway and parking areas shall be separated from adjacent
landscaping by a wall or curb at least four (4) inches high, but no
more than three (3) feet six (6) inches in height.
3. One (1) tree for each five (5) parking stalls shall be installed within
fingers or medians that project into the paved area.
f. Undeveloped Areas. Interim landscaping, including erosion control
measures, shall be provided on all graded sites that will remain vacant
prior to building construction. Undeveloped areas shall be maintained in a
weed-free condition.
32-45.24
Lot Area and Width.
The minimum lot area shall be thirty-five hundred (3,500) square feet, with a
minimum average lot width of thirty-five (35) feet except where a smaller lot
existed prior to the adoption of this chapter.
32-45.25
Outdoor Display of Merchandise Criteria (Permitted in DBD 1, 2,
2A, 3, 4, and 11 only).
a. The public sidewalk (minimum five (5) feet) must be kept clear of
merchandise to allow for adequate public access. The five (5) foot public
sidewalk provided shall meet all applicable accessibility standards for
pathways, as defined by the current building code.
PAGE NO. 27 OF ORDINANCE NO. 2008-08
b. A minimum five (5) foot wide access shall be provided between the public
entry to the storefront and the public sidewalk.
c. No merchandise may be placed in a manner that impedes emergency
personnel access.
d. Merchandise may be placed within the right-of-way if the criteria of 3a.,
3b. and 3c. above are met, provided an encroachment permit is issued by
the Town of Danville prior to placement.
e. Merchandise shall not impede access to surrounding businesses.
f. The display area for the merchandise shall be limited to the area
immediately in front of the subject tenant space.
g. Merchandise shall belong to the retailer using the subject building's
ground floor space, and shall solely consist of retail goods normally sold
within that store. Subleasing of outdoor space is expressly prohibited.
h. The maximum height of merchandise shall not exceed eight (8) feet in
height above storefront entry level.
1. Outdoor display of automobiles is permitted subject to approval of a Land
Use Permit.
J. Merchandise shall be brought indoors overnight.
k. Merchandise shall be rotated seasonally, at a minimum.
.1. Sign requirements as contained within the Town of Danville Signs and
Outdoor Advertising Ordinance (Chapter 32-98) shall apply to all outdoor
display of merchandise contained within this chapter.
m. This section shall apply to retail businesses only.
32-45.26
General Requirements.
a. Grading within the Downtown Business District is subject to the approval
of the Chief of Planning and the Chief Building Official and is allowed by
permit only if a Development Plan has first been approved by the Town.
b. No excavation or grading shall be done except in connection with the
construction of an improvement. Upon completion thereof, exposed
openings shall be backfilled and disturbed ground shall be finished and
PAGE NO. 28 OF ORDINANCE NO. 2008-08
graded. Where not built upon, all sites shall be landscaped consistent with
the intent of this chapter.
c. All access plans, necessary right-of-way dedications and improvements
shall comply with the requirements and approval of the City Engineer.
d. If regulations contained in this chapter are inconsistent with the
regulations of County Ordinance Code Chapters 82-16, 84-52 and 84-66
(adopted by the Town)* the regulations of this chapter prevail.
e. Before a change in business or use, the new business or use is required to
obtain a certificate of zoning compliance from the Chief of Planning.
f. Before accepting a Development Plan application, the Chief of Planning or
the Heritage Resource Commission shall determine the historical
significance of the site.
*Editor's Note: These chapters of the Contra Costa Code are codified as sections
32-8,32-61 and 32-63 of these Revised General Ordinances.
32-45.27
Administrative Relief.
a. Administrative relief from the provIsIOns of the architectural and
landscaping development standards of this Division 3 may be granted by
the Chief of Planning provided that the following findings can be made:
1. That the intent of this chapter will be preserved; and
2. The applicant/ developer can demonstrate the regulations of this
chapter are inapplicable to the characteristics of the business
district area in which the project is located.
b. The variance procedure set forth in subsection 32-45.47 applies to changes
of a requirement of lot area and width, building height and setbacks.
SECTION 3.
SEVERABILITY.
If any section, subsection, subdivision, paragraph, clause or phrase in this
ordinance, or any part thereof, is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining
sections or portions of this ordinance or any part thereof. The Town Council
hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance, irrespective of the fact
PAGE NO. 29 OF ORDINANCE NO. 2008-08
that anyone or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases may be declared invalid or unconstitutional.
SECTION 4.
PUBLICATION AND EFFECTIVE DATE.
The City Clerk shall have a summary of this ordinance published twice in a
newspaper of general circulation, once within five days before its adoption and
once within 15 days after adoption. This ordinance shall become effective 30
days after adoption. The foregoing Ordinance was introduced on December 16,
20q8 and approved and adopted by the Danville Town Council at a regular
meeting held on January 13, 2009 by the following vote:
AYES: Arnerich, Doyle, Andersen,
NOES: None
ABSTAIN: None
ABSENT: None
APPROVED AS TO FORM:
1?t~13 ~-
ITY A. ORNEY r
..
PAGE NO. 30 OF ORDINANCE NO. 2008-08